| Matter of Ballschmieder, deceased |
| Motion No: 2016-05894 |
| Slip Opinion No: 2018 NY Slip Op 78914(U) |
| Decided on July 27, 2018 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M252548
E/sl
ALAN D. SCHEINKMAN, P.J.
JEFFREY A. COHEN
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
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2016-05894 In the Matter of Vincent Ballschmieder, deceased. Charles J. Ballschmieder, petitioner-respondent; Jeffrey Ballschmieder, et al., objectants-appellants. (File No. 438/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a decree of the Surrogate's Court, Richmond County, dated April 11, 2016, insofar as taken by the appellant Jeffrey Ballschmieder, for failure to timely perfect.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the appeal insofar as taken by the appellant Jeffrey Ballschmieder is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).
SCHEINKMAN, P.J., COHEN, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court